- (1.) S. Saghir Ahmad, J. This petition is directed against the order dated 1. 5. 1993 passed by Hon'ble the Acting Chief Justice (in short, ACJ) by which Writ Petition No. 1619 (MB) of 1993 (Sanjay Kumar Srivas tava v. State of U. P. and others) has been referred to the Full Bench for hearing and decision. This order of which a copy has been filed as Annexure 1 reads as under:- "hon'ble S. C. Mathur, A. C. J.-The WP. shall be heard and decided by the Special Bench of three Hon'ble Judges as follows: 1. Hon'ble S. S. Ahmad, J.
(2.) HON'ble J. K. Mathur, J. Hon'ble Mrs. Shobha Dikshit, J. Sd/s. C. Mathur, J. 1. 5. 1993" 2. The factual background leading to the present petition is that the petitioner had earlier filed Writ petition No. 1619' (MB) of 1993 in this Court challenging the appointment of Sri R. Venkataraman I. A. S. who was arrayed as opposite party No. 3 in that petition as Chairman of the U. P. Public Service Tribunal which was constituted afresh through the Government notifica tion dated 31st March, 1993 issued under the U. P. Public Services (Tribunal amend ment) Act, 1992. It may be stated that this Act was also altered with effect from 31st March, 1993 by a subsequent amendment. The petitioner also challenged the appoint ment of other officers belonging to the In dian Administrative Service as members of the U. P. Public Services Tribunal. These five officers have since been as arrayed as op posite parties 4 to 8 in Writ Petition No. 1619 (MB) of 1993. 3. This petition was taken on 2nd April, 1993 by a Division Bench comprising of one of us (Hon'ble J. K. Mathur, J.) and Hpn'ble H. N. Tilhari, J. and on that date the Division Bench passed the following order: "hon'ble J. K. Mathur, J. Hon'ble H. N. Tilhari, J. Heard the learned counsel for the parties. The learned Chief Standing Counsel has accepted notice on behalf of opposite parties. Op posite parties want and are granted time to obtain instruction. This case be put up for orders on 5th April, 1993. Till that date, no members of Administra tive Service shall be permitted to take over charge of Office of the Chairman of the newly created U. P. Public Services Tribunal unless he has already taken over the charge. In case he has taken over charge, then such person shall not perform judi cial function till then. Put on Monday (5th April, 1993) for further hearing. Sd/j. K. Mathur, J. Sd/h. N. Tilhari, 2. 4. 1993" On 5. 4. 1993 when the case was taken up, the opposite parties filed an application for vacation of the interim order with which they also filed a counter-affidavit and an affidavit (supplementary counter- affidavit ). The Court passed the following order on 5. 4. 1993. Hon'ble J. K. Mathur,j. Hon'ble H. N. Tilhari, J. On the request of the learned counsel for the petitioner, the case shall be put up tomorrow (6. 4. 1993 ). The petitioner may file rejoinder af fidavit. The counter-affidavit and sup plementary counter-affidavit having been filed today. The petitioner has also filed sup plementary affidavit in respect of which op posite parties may file counter-affidavit tomorrow. The interim order shall continue until further orders. Sd/j. K. Mathur, J. Sd/h. N. Tilhari, J. 5. 4. 1993"
(3.) WHEN the case was taken up on 6. 4. 1993. The following order was passed: "put up tomorrow. The petitioner will serve opposite party No. 3 outside the Court indicating that the petition will be taken up tomorrow. Sd/j. K. Mathur, J. Sd/h. N. Tilhari, J. 6. 4. 1993" In pursuance of the above order by which the petitioner was requested to serve opposite party No. 3 (Sri R. Venkataraman, LAS.) outside the Court the petitioner ob tained dasti notices from the office to serve opposite party No. 3.;